State of New South Wales v Youseff (Preliminary) [2020] NSWSC 1440

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Youseff (Preliminary) [2020] NSWSC 1440 Hearing dates: 7 October 2020 Decision date: 20 October 2020 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) The summons is dismissed. (2) The plaintiff is to pay the defendant's costs of the application. Catchwords: HIGH RISK OFFENDER – preliminary hearing – application for Interim Supervision Order – serious violence offence – one count of causing grievous bodily harm with intent to cause grievous bodily harm contrary to s 33(1)(b) of the Crimes Act 1900 (NSW) – offender currently on parole – whether defendant poses an unacceptable risk of committing a serious offence if not kept under supervision – where the defendant has complied with all conditions of his parole – most recent risk assessment rated the defendant's risk of serious reoffending at medium to low – application dismissed. Legislation Cited: Crimes Act 1900 (NSW) – ss 4, 33 Crimes (High Risk Offenders) Act 2006 (NSW) – ss 4, 5A, 5B, 5I, 7, 9, 10A, 10C, 11 Cases Cited: Cornwall v Attorney General for New South Wales [2007] NSWCA 374 Lynn v State of New South Wales [2016] NSWCA 57 State of New South Wales v Heness (Preliminary) [2019] NSWSC 1710 State of New South Wales v Michael Lidster [2020] NSWSC 275 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Williamson (No 1) [2019] NSWSC 812 Category: Principal judgment Parties: State of New South Wales – Plaintiff Haytham Youseff – Defendant Representation: Counsel: M Dalla-Pozza – Plaintiff C McGorey - Defendant